( 1 ) THIS is an appeal filed by Dinesh Kumar. one of the sons of Smt. Kunti Devi the testatrix, challenging the letters of administration granted in favour of Khazan Singh by the District and Sessions Judge, Delhi, on 22. 8. 1975. Khazan Singh claiming to be the executor of the Will had applied for the probate. The learned District and Sessions Judge, however, found that the Will does not mention the name of Khazan Singh as the executor. The learned District and Sessions Judge, therefore, did not grant the probate to him but since he was an universal legatee, issued letters of administration with the Will attached in favour of Khazan Singh. It may be noted that besides the appellant there are three other sons and two daughters born of testatrix Kunti Devi and Khazan Singh. Three children were minor at the time of the filing of the petition. The Will was made on 26. 8. 1965. Kunti Devi died on 7. 5. 1969 and the probate petition was moved by Khazan Singh on 19. 2. 1972.

( 2 ) THE counsel for the appellant has challenged the genuineness of the Will both in terms of its execution and attestation and has pointed out several circumstances which create suspicion about the g